GENERAL TERMS AND CONDITIONS
for membership in mySmarty
Version: 17 November 2017
These Terms shall govern the legal relationship between Norfos Services Limited (Administrator of website www.mysmarty.io) and natural persons with legal capacity - users of the website www.mysmarty.io and Members of mySmarty.
In these terms and conditions:
Force Majeure event means any act, event, non-occurrence, omission or accident beyond the reasonable control of the Administrator, including in particular: (a) strikes, lock-outs or other industrial action; or (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (d) compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition; (e) interruption or failure of utility service, including but not limited to electric power, gas or water; or (f) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (g) impossibility of the use of public or private telecommunications networks.
Member of mySmarty (Member) means user of the website www.mysmarty.io who has successfully completed a free registration to access the same Website.
Merchant means legal or natural person who sells goods/services to Members and provides Cashback to Members for each assessment (rating) submitted by them regarding their purchases from the Merchant.
Password means a unique combination of letters and numbers that Member shall keep confidential, and that can only be used by him to access and use the Website.
Personal online office means part of the website www.mysmarty.io which is available after authorization of the Member and contains personalized information comprising Member's data and activity within mySmarty.
Registration means correct, true and complete filling out of the Registration form and acceptance of the General Terms and Conditions, which is concluded by receipt of a unique identification number (Smarty ID). Each Member is allowed to register only once (i.e. to have only one unique identification number).
Registration form means registration document that is to be completed by the applicant, before becoming a Member.
Territory means the territory of the country Israel.
Unique identification number (Smarty ID) means a unique number which shall be provided to the person after successfully completing a free registration on the website www.mysmarty.io and after a successful validation through SMS of the mobile number provided by the person in the Registration form.
Username is the e-mail address that Member has indicated in filling out the Registration form.
Website means www.mysmarty.io
1. Subject of the contract
1.1. Each Member of mySmarty has the following rights:
a) to access and use the Website.
b) to access and use his/her Personal online office within the Website.
c) for each purchase with Member's Smarty ID, registered by a Merchant, Member has the right to submit his/her assessment (rating) for Merchant's place and service within the terms and conditions of Application 1. Application 1 is an integral part of the Personal online office of Member. Member agrees that the respective Merchant may contact him/her for clarification on each purchase assessed by Member.
d) in case he/she has submitted his/her rating for Merchant's place and service and meets all other conditions in Application 1, Member shall have the right to request through a software option in his/her Personal online office receipt of the due Cashback as a percentage of the value of the respective purchases. Payment shall be made to the bank account specified by Member in his/her Personal Online Office or in any other way supported by the Website.
e) to advertise and recommend mySmarty to new users under the conditions described in detail in Application 1 - an integral part of the Personal online office of Member.
1.2. Administrator shall maintain the Website and the Personal online office of each Member and administer the process of payment of Cashback to the Members.
1.3. Administrator shall make agreements with Merchants that will provide goods/services to the Members and Cashback for their assessments (ratings). Administrator shall strive to negotiate favourable Cashback and expand the network of Merchants. Detailed information about the Merchants participating in mySmarty can be found on the Website.
1.4. If an assessment (rating) is deemed by the Administrator offensive, obscene or rude, the Administrator shall have the right to invalidate and remove it from the Website, to revoke Member's discount for the respective purchase and not pay this discount to Member. If a Member regularly writes offensive, obscene or rude assessments (ratings), the Administrator has the right to block and further deactivate his/her Personal Online Office.
1.5. The Member agrees to receive information from the Administrator and the Merchants for current offers and promotions by e-mail, SMS messages and other type of messages and ways supported by the Website.
2. Terms related to payment of Cashback:
2.1. All Cashback shall be paid by Administrator to Members within three (3) weeks from the date on which each Member has requested through the software option in his/her Personal online office to receive rightful Cashback.
2.2. Each Member is obliged to report timely and meet all his/her obligations, fees and taxes arising under the current legislation applicable on the Territory in connection with his/her receipt of Cashback. All fines, interests, fees or compensation arising from failure of Member to comply with the requirements referred to in the preceding sentence shall be borne entirely by him or her. In the event that such fines, interests, fees or benefits are imposed on the Administrator in connection with Members default in meeting his or her obligations, Administrator shall have the right to claim indemnity from Member.
2.3. Administrator shall not owe payment of the respective Cashback if a Merchant fails to transfer the relevant amounts within the time limits of their agreement, but shall make every reasonable effort to collect amounts due from the Merchant both through negotiations and litigation.
2.4. Administrator shall not assume responsibility in cases where a Merchant has not provided the goods/services ordered by Member. In such case Member is entitled to seek a remedy against the Merchant in court.
3.1. The access data (Email and Password) for the use of the Personal online office are to be kept by the Member in a secure manner and to be treated as strictly confidential. Access data must under no circumstances be made accessible to third parties. Personal settings may be changed at any time by Member by logging into the system.
3.2. Member agrees to notify the Administrator immediately of any unauthorized use of his Personal online office or unauthorized access to it. After such notification and the immediate blocking of the access Member shall receive modified access data. Member agrees to communicate with Administrator by email and by SMS messages and he/she is aware that in case of communication on the Internet, by email or SMS messaging security is not fully guaranteed.
4. Data protection:
4.1. To the extent necessary to fulfil the work on mySmarty the Administrator shall collect, store and process the personal data of Members under the provisions of applicable legislation on the Territory as follows: title, name, surname, phone number, city, permanent address, date of birth, e-mail address, password, bank account. By agreeing to these General Terms and Conditions Member agrees that the data can be stored and analysed by the Administrator and also that the latter may exchange collected data concerning purchases of goods/services with Merchants.
4.2. Administrator shall have the right to ask Member to provide evidence of his/her identity and the data provided.
4.3. All requests for information about changes of data can be sent in writing directly to the Administrator.
4.4. Member agrees to duly inform Administrator of any changes in his personal data. The Administrator shall not be liable for any loss, liability or damage incurred by Members arising from failure to inform Administrator pursuant to the above.
4.5. Member agrees (this consent may be revoked at any time) that Administrator may collect personal data relating to his/her consumer behaviour (likes and dislikes, etc.) in mySmarty, so long as this information is used to create personalized information to promote mySmarty and increase the quality of the provided services.
4.7. Administrator has adopted internationally recognized security standard to protect Members' data against unauthorized access including third party certificates, authentication and encryption of data which is transferred between the client devices and the server.
5. Force majeure
5.1 Administrator shall not be deemed in breach of its contractual relations with Member nor shall be held liable for any failure or delay in performing them (and the time for performance shall be extended accordingly) if such delay is caused by Force Majeure event.
5.2. Administrator's obligations under these General Terms and Conditions shall be suspended for the period during which the Force Majeure event takes place and Administrator shall extend the time for the performance of these obligations with the same period. Administrator shall take reasonable steps to overcome the Force Majeure event or to find a solution by which obligations under these General Terms and Conditions may be performed despite the Force Majeure event.
6. Termination of contractual relations.
6.1. Each Member shall be entitled to terminate his/her contractual relationship with the Administrator at any time by written notice sent to the e-mail address of the Administrator specified on the Website.
6.2. In the event of such termination, the Member shall be entitled to receive only Cashback requested through the software option in the Personal Online Office prior to termination. The Member will lose all the rights arising from his/her membership and any Cashback accumulated and not requested by the date of his termination.
6.3. Unless otherwise stated in the General Terms and Conditions and/or Applications 1, which is an integral part of the Personal online office of each Member, Administrator shall have the right to terminate its contractual relationship with Members as follows:
(a) by giving them 7 (seven) days' notice if a Member is in breach of his/her obligations and does not remedy the breach within 7 (seven) days following the request of the Administrator; or
(b) immediately in the event of Member's death, legal incapacity or gross violation of the national law of the Territory.
6.4. In case that a Member has not made even one purchase from a Merchant within 6 (six) months, Administrator shall have the right to unilaterally terminate the contract, delete the data and the Personal online office of the Member without notifying him/her.
7. General Provisions
7.1. Administrator reserves the right to change the General Terms and Conditions. Such changes are deemed accepted by Member, if he/she does not contest their validity within 14 days after the date of their publication. In case of contesting the changes in the General Terms and Conditions, each party to these contractual relations may terminate the relationship immediately.
7.2. If any provision or clause hereof is found invalid, unenforceable or illegal by the competent court with jurisdiction on the Territory, such a provision or clause shall not apply, but the remaining provisions of these General Terms and Conditions shall remain in force.
7.3. The law applicable to these General Terms and Conditions shall be the law applicable to the Territory.
7.4. If the General Terms and Conditions are available in English and in another language, the English version will be considered valid in the event of a discrepancy between the different language versions.
8.1. If a Member has complaints about the performance of the duties of the Administrator under Article 1.2., he/she shall contact the Administrator by means of the email address provided in the Website as soon as possible, but not later than 7 (seven) days after the date of the incident which gave rise to the claim, and provide in writing sufficient information on the basis of which Administrator can assess, verify, confirm and respond to the claim.
8.2. Administrator shall make reasonable effort to respond to any complaint as quickly as possible. The capacity for rapid response of Administrator will depend on the nature and complexity of the complaint, the ability of Administrator to get in touch with the Member and obtain information about the claim and the ability of Administrator to obtain information from third parties in connection with the claim, so as to formulate its answer. Administrator shall make every effort to find a satisfactory solution for each respective complaint. This will not be applicable if the complaint is vexatious and deliberate, or if it appears that it is unsubstantiated or malicious.